What is an Emergency Medical Condition?

The term Emergency Medical Condition (EMC) encompasses any serious condition in a person that “[places] the health of the individual in serious jeopardy,” brings about “serious impairment to bodily functions,” or causes “serious dysfunction of any bodily organ or part” [42 USC § 1395dd(e)(1)]. These conditions are defined by their acute nature and potential for severity or even death, such as a heart attack. Pain can also be classified as an EMC if it is severe enough.

EMCs are severe enough that any reasonable person with no advanced medical knowledge would be able to reasonably predict their urgency and potential for severity. They require immediate medical care and intensive monitoring by hospital staff. If a person undergoing an EMC does not receive this care or monitoring, they may be left to deal with life-altering or even life-threatening conditions.

Because of their severity, EMCs have serious legal ramifications. They are especially relevant in cases surrounding medical malpractice, insurance disputes, or other legal claims regarding inadequate medical care. Failure by a healthcare provider to properly diagnose or treat an EMC could have dire consequences for a patients’ health, and could leave the hospital, hospital staff, or insurers, legally liable for damages.